• Home
• Theft Lawyer
• Theft Lawyer Linda Vista, CA

Theft Lawyer Linda Vista, CA. Being arrested for theft is just the beginning . Theft accusations in particular can be scary, because they are often layered with multiple charges. It might look like all hope is lost.

Even when all hope seems lost, there is an option who will fight for you: The Law Offices of David S. Chesley. Our attorneys have extensive experience defending clients against all manner of theft crime charges. With a Linda Vista, CA, theft crimes lawyer from our team building your defense, you'll have someone by your side from day one until you get justice.

Speak with an attorney today at (800) 755-5174 or connect with us online for a private review of your case at no cost. It's easy to get started, and acting fast can mean everything.

The Importance of a Theft Lawyer in Linda Vista, CA

You should never take theft allegations lightly, regardless of whether or not you're innocent. If you don't have an attorney, you're stuck trying to navigate a intricate legal code and make it more likely that you'll face the following:

1. Prison Sentence: Linda Vista, CA, theft convictions can send you to prison, for years in some cases.
2. Financial Penalties: On top of paying back the value of whatever was stolen, fines can give you a serious financial burden.
3. Career Setbacks: Having a criminal record can negatively affect your future career goals.
4. Damaged Character: Regardless of the facts and circumstances surrounding your case, some people will only look at the conviction.
5. And more.

If you want to avoid all of this, you need a distinguished Linda Vista, CA, theft crimes lawyer. You need the Law Offices of David S. Chesley. Here's some of what sets us apart:

Top Qualities of Our Linda Vista, CA Theft Defense Attorneys

Working with our expert Linda Vista, CA theft crimes defense lawyers will give you leading legal representation. Here's what set us apart — and why it matters for your theft case:

• A Team Of Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know common weak points and how to attack the prosecution's case.
• Longstanding Court Relationships — Decades of practice in Linda Vista, CA, courts means we know the judges, the prosecutors, and the local procedures — and we leverage that for better outcomes for every client.
• Defenses Built for Trial — Misdemeanor or felony, we build your defense to be trial-ready. Even if your case doesn't end up in trial, this gives us more leverage for negotiations.
• Record Expungement Services — We don't leave you behind after the verdict. We offer record clearing and expungement services to help you move on and protect your future career and opportunities.
• Stellar Reputation – well-respected amongst both clients and peers.
• Always Availalbe — Arrests happen at all hours. So do we. If you need help or an update, you can get a hold of us, whenever it is.
• Completely Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Theft Charges We Will Fight in Linda Vista, CA

Click any charge below to navigate directly to a full explanation of the law, consequences, and how we defend it.

Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes

Linda Vista, CA, Theft Allegations We Defend Against

Our attorneys know how to fight theft crime cases. Should you need a theft crimes lawyer in Linda Vista, CA, act fast: contact us now for a free consult to go over your charges.

We cover all of the following types of charges and more:

Petty Theft Charges vs Grand Theft Charges

In Linda Vista, CA, many theft accusations fall under one of these two charges: Petty theft and grand theft. You can face these charges for taking someone's possessions without permission. The main difference is the amount that was supposedly taken: If it was $950 or less, the charges will normally be petty theft, while higher values will generally be grand theft.

Fighting petty theft charges is typically more straightforward, as they are often (but not always) charged as misdemeanors. However, fighting grand theft charges normally is a greater challenge, because it is more likely to be a felony. Regardless of what you're up against, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

Here's a breakdown of what distinguishes petty and grand theft:

Shoplifting — Proposition 47 / Penal Code § 459.5

Following the passage of Proposition 47 in 2014, shoplifting became its own distinct offense separate from commercial burglary. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, the majority of shoplifting cases are misdemeanors. Keep in mind, though, that felony charges can still be applied in certain situations, like an organized shoplifting ring. Whether you're up against a felony or misdemeanor charge, a local Linda Vista, CA theft crimes lawyer can help protect you from the worst consequences.

Organized retail theft (multiple defendants or repeat offenses coordinated to steal from retailers) has been a target of recent California laws, and is prosecuted harshly in Linda Vista, CA.

Shoplifting Potential Penalties:

• Jail Sentence: Up to 6 months
• Fines: Up to $1,000
• Civil Demand: Retailers may send civil demand letters
• Other: Probation, banned from store

Defense options are: Lack of intent to steal, wrong identity, entrapment by loss prevention, unlawful search and seizure, and diversion programs for first-time offenders.

Petty Theft with a Prior — California Penal Code § 666

Don't underestimate a petty theft charge — it can become a felony under Penal Code § 666 if charged as a petty theft with a prior. Linda Vista, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.

To activate this sentencing enhancement, the state must establish: (1) the accused committed petty theft; and (2) the accused has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. Even if you have a non-theft prior conviction, you can still see your petty theft charge upgraded to a wobbler — several violent crime and sex crime convictions are also eligible.

Potential Penalties:

• Charge Type: Wobbler
• Misdemeanor Jail: Up to 1 year in county jail
• Felony Prison: 16 months, 2 years, or 3 years
• Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Defend in Linda Vista, CA

Whatever Linda Vista, CA, vehicle theft charge you're facing, we can help you fight it. The first one that probably comes to mind is grand theft auto, but that's technically not a law of its own. Grand theft auto is a smaller part of the state's 'grand theft' law, which makes the theft of a vehicle always 'grand theft,' even if it was under $950 in value.

If the prosecution is stating that someone took the vehicle and was planning to keep it for themselves, not return it, they're likely going to face grand theft auto charges. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While either joyriding or grand theft auto can be 'wobbler' offenses, it's almost always better to be charged with joyriding in Linda Vista, CA, since the prosecution is more likely to assign that as a misdemeanor.

If you're caught in possession of a stolen vehicle, you can face criminal charges for that, too. As a parallel to the charge of receiving stolen property, you can be convicted even if you didn't take an active part in the theft. Simply owning or keeping the car or truck can get you arrested for possession of a stolen vehicle.

When you contact our law firm, you'll get a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Contact us today to start making your case.

Grand Theft Auto — California Penal Code § 487(d)(1)

If you allegedly stole a car, you might expect to face grand theft auto charges. However, grand theft auto does not have its own statute in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.

Grand theft auto and joyriding have a close relationship in Linda Vista, CA, courts — grand theft auto only applies if you never intended to give the car back, but if you did, the lesser charge of joyriding would apply.

Potential Penalties:

• Charge Type: Wobbler (usually felony in Linda Vista, CA)
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 is commonly charged with or in place of grand theft auto. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. Simply taking or driving someone's vehicle without permission is enough.

This is one of the most broadly written vehicle theft statutes in California, and prosecutors use it frequently because it's easier to prove than grand theft auto.

Joyriding — California Vehicle Code § 10851

Joyriding refers specifically to taking or driving a vehicle without the owner's consent, but with the intention of returning it. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.

In most circumstances, Linda Vista, CA, joyriding cases are handled as misdemeanors. That said, you can still face felony charges. This mostly applies to individuals with a criminal history, but not always.

Carjacking — California Penal Code § 215

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because this action involves violence, carjacking is always a felony and is not eligible for probation in many circumstances.

The impacts of a carjacking conviction are far-reaching, as they include a "strike" on your record. This increases the penalty for future criminal convictions.

Possible Penalties:

• Prison: 3, 5, or 9 years in state prison
• Enhancements: Additional years for weapon use or injury
• Three Strikes: Yes — counts as a strike offense
• Fines: Up to $10,000

Possession of a Stolen Vehicle — California Penal Code § 496d

Many people are shocked to learn they can be convicted of a theft-related crime without actually having stolen anything. If you have or are storing a car when you knew or should have know it was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

We see this charge often in cases where someone borrowed or bought a car without having access to its full history. The prosecution must prove you had knowledge the vehicle was stolen — and that's often where your vehicle theft crimes lawyer can challenge the case.

Possible Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year

White Collar Crime Charges We Defend in Linda Vista, CA

White collar crimes in Linda Vista, CA, vary widely in context and action, but each of them have one thing in common: misusing professional power for financial gain.

Several white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering is taking money that was otherwise gotten illegally and trying to disguise it as something that was earned legally. Meanwhile, bribery is about illegal gifts done for a favor or another benefit. An example of this would be an employee giving money to their boss in exchange for a promotion.

Not all white-collar crimes are centered around the exchange of money, though (at least not directly). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft involves stealing another person's personal information. You can face either of these charges without having taken money from the alleged victim.

Embezzlement, Identity Theft, Fraud & More

White collar crimes carry severe consequences even without physical violence — incarceration, massive fines, major career setbacks, and permanent stains on your reputation. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.

White Collar Crimes — Synopsis

The term "white collar crime" describes non-violent financial offenses typically committed in business or professional settings. For an alleged crime to qualify, it should feature the element of deception, breach of trust, or abuse of a position for personal gain. These cases are some of the most complicated in Linda Vista, CA, and normally require highly experienced representation to defend.

White collar cases are often investigated for months or even years before charges are filed. If you believe you are under investigation — or have received a subpoena, a target letter, or a visit from federal agents — call us immediately. Pre-charge representation can sometimes prevent an indictment entirely.

Embezzlement — California Penal Code § 503

Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The main feature is the pre-existing legal access — alleged embezzlement offenders had honest ways to access the supposedly stolen or misused goods.

Frequent embezzlement scenarios: An accountant siphoning company funds; a payroll professional creating fake employees and taking their salaries; an employee overcharging customers and keeping the difference; A cashier voiding out a transaction but keeping the money; a charity collector taking cash donations while leaving other types alone.

Possible Penalties:

• Under $950: Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• High Amounts: Enhanced sentences up to 10+ years
• Additional: Repay alleged victims, loss of professional licenses

Money Laundering — California Penal Code § 186.10

Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It commonly involves three steps: placement (introducing dirty money into the financial system), layering (in an attempt to confuse future investigators, the money is shifted through complicated financial trades and transfers), and integration (making the funds appear legitimate).

California's money laundering statute specifically targets financial actions higher than $5,000 that involved illegally obtained funds, so long as the person involved knew they were illegal. Federal money laundering charges (18 U.S.C. § 1956) can also apply, carrying sentences up to 20 years.

Potential Penalties (State):

• Prison: 16 months, 2 years, or 3 years
• Fines: Up to $250,000 or double the laundered amount
• Federal Add-On: Up to 20 years federal prison

Bribery — California Penal Code § 67–68 / § 92

You can face bribery charges for offering, giving, receiving, or soliciting something of value in order to affect the actions of people in certain positions of power. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Whatever the specifics of your case, a Linda Vista, CA, theft crimes lawyer is critical to give you insights into successful defense strategies.

Who can face bribery charges? Both the person offering the bribe and the person accepting it can be charged in Linda Vista, CA. Even an attempt to bribe can result in criminal charges, regardless of whether the other party accepts.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison
• Public Officials: Permanent disqualification from office
• Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

Linda Vista, CA, forgery charges don't directly involve theft, but instead the creation or modification of a document in order to aid with a future fraud attempt. California Penal Code § 470 is broad and covers checks, receipts, contracts, vehicle titles, wills, warrants, prescriptions, identification documents, and many other types of written instruments.

Who can face forgery charges? You can be charged with forgery even if no one was actually defrauded. The intent to defraud, in addition to the creation or use of the forged document, is enough for a conviction.

Potential Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year

Identity Theft — California Penal Code § 530.5

In Linda Vista, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — to perform a restricted activity, including obtaining credit, goods, services, or medical information.

What if it didn't affect them financially? You can be found guilty even if the alleged victim didn't lose any money. Simply obtaining and using someone's information without authorization is enough to warrant a crime under California law. This makes it critical to hire an expert theft crimes lawyer whatever the specifics of your situation.

Linda Vista, CA, identity theft allegations are very serious, and frequently involve federal charges for more serious, widespread, or online cases.

Potential Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Per Victim: Charges can stack — one count per victim
• Federal: Up to 15–30 years (aggravated cases)

Fraud Charges We Fight in Linda Vista, CA

Fraud encompasses a variety of specific theft types in Linda Vista, CA. Generally speaking, a person who commits theft by misrepresenting themselves or a situation so that another person gives away their money voluntarily can be convicted of fraud. Theft by false pretenses is is one of the more common version of fraud.

Insurance fraud is a specific variation where a person allegedly lies on an insurance claim to increase their benefit. As an example, if someone were to hide their valuable property and claim it was stollen, that person can be charged with insurance fraud.

A similar fraud charge is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another popular variation is credit card fraud. This type of fraud involves dishonesty about the credit card and/or how it was acquired. If you allegedly took a credit card and used it without permission, you can face credit card fraud charges.

An expert theft crimes lawyer in Linda Vista, CA, can help you navigate the differences between all of these fraud charges, and try to find a deal that gives you the best outcome possible.

Types of Fraud, False Pretenses & Financial Deception

There are many types of fraud allegations in Linda Vista, CA — from simple misrepresentations to elaborate financial schemes. These cases are often document-heavy and require a theft crimes lawyer who understands both the law and financial evidence.

Theft by False Pretenses / Fraud — California Penal Code § 532

Theft by false pretenses is one of the most common fraud charges in Linda Vista. These allegations are used when a person intentionally deceives another through false statements or misrepresentations, causing them to voluntarily transfer money or property. As opposed to forceful or unknowing theft, theft by false prestenses involves the alleged victim deliberately parting with their goods because of the deception.

Common examples: Selling a product that doesn't exist; misrepresenting credentials to get paid for work; pitching investments based on false information; collecting donations for a nonexistent charity.

Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.

Insurance Fraud — California Penal Code § 550

Insurance fraud involves knowingly making a false or misleading statement to an insurance company to obtain benefits, payments, or compensation you are not entitled to receive. If you're facing insurance fraud charges in Linda Vista, CA, it's possible that you'll go to prison for several years if convicted. A leading theft crimes lawyer will defend your freedom and analyze all the evidence to help you find the best outcome possible

Frequent forms include: Claiming existing auto damage is newly occuring; filing false theft reports; exaggerating property damage; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.

Potential Penalties:

• Felony Prison: 2, 3, or 5 years
• Fines: Up to $150,000 or double the fraud amount
• Restitution: Full repayment to insurer
• Additional: Loss of professional licenses

Credit Card Fraud — California Penal Code § 484e–484j

You can face credit card fraud charges in Linda Vista, CA, for a variety of actions done with a credit or debit card. Charges can occur if someone is caught using another individual's card without consent, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally acquiring or selling card account information.

Regarding federal charges: Credit card fraud frequently triggers federal charges under 18 U.S.C. § 1029 in addition to state charges, particularly when cards are used across state lines or some part of the alleged crime occurred online. You're more likely to face harsh penalties from the federal charges, increasing the importance of having a leading theft crimes lawyer who knows the ins and outs of both state and national law.

Potential Penalties (State):

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Federal Prison: Up to 15 years (federal charges)

Welfare Fraud — California Welfare & Institutions Code § 10980

Charges of welfare fraud in Linda Vista, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.

Common examples: Claiming income is less than it actually is; misrepresenting household composition; Trading or selling food stamps; falsely claiming a dependent child; continuing to collect benefits after a qualifying event ends your eligibility.

Welfare fraud investigations are conducted by county district attorney welfare fraud units and can result in both criminal charges and demands for repayment of all benefits received. A leading Linda Vista, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.

Possible Penalties:

• Under $950 (commonly): Misdemeanor — up to 6 months jail
• Over $950: Felony — up to 3 years prison
• Repayment: Full restitution to the government

Additional: Lose your right to receive benefits in the future

Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To be eligible forMedicare hospice benefits, the recipient must be predicted to pass away within half a year if nothing drastic changes in their health condition — many hospice fraud cases are the result of these predictions being inaccurate.

Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. These accusations are particularly dangerous because they are often charged in federal court in Linda Vista, CA, meaning you're up against very difficult odds.

Important Note: Even if you have a plan for the criminal charges, don't let your guard down — it's very likely that you'll face a civil lawsuit in conjunction with the criminal charges. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. Providers are often unaware that an investigation is underway until a search warrant is executed.

Potential Penalties:

• Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
• Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
• State Charges: Up to 5 years (CA Penal Code § 550)
• Additional: Exclusion from Medicare/Medi-Cal programs; license revocation

Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Medicare fraud allegations go beyond that of a typical theft. As the name would suggest, these are accusations that someone took undeserved benefits from the government's Medicare program. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Linda Vista, CA.

Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. The federal prosecutor is supported by an equally strong federal team of investigators, who can conduct their job very quietly. If you find out that you're under investigation for Medicare fraud, it's urgent that you contact your Linda Vista, CA theft lawyer immediately.

Important: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. You can be accused of breaking this law whether you gave or received the money.

Potential Penalties:

• Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus civil monetary penalties per claim
• Additional: Loss of eligibility for all federal health care programs

Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. As opposed to Medicare fraud, these charges can be made whether you allegedly defrauded the government's healthcare programs or a private insurance company.

Under California Penal Code § 550, health insurance fraud is independently criminalized at the state level. California law specifically outlaws false or misleading statements made in connection with insurance claims, including the submission of multiple claims for a single loss and the preparation of false medical reports. Without an expert Linda Vista, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Doctors, billing companies, office managers, and support staff have all been accused of this violation at various points in time.

Possible Penalties:

• Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
• If Death Results: Up to life imprisonment (federal)
• State Felony: 2, 3, or 5 years (CA PC § 550)
• Fines: Up to $250,000 (individual) or $500,000 (organization)
• Additional: Restitution, professional license consequences

Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Home health fraud, like other health care fraud types, also consists of making false statements to an insurance or government health care entity. The difference is that it describes specific types of healthcare services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. To qualify for Medicare reimbursement, the person receiving care must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.

One example would be a patient who lied about being homebound in order to receive special benefits. A counterexample would be a home service provider who submitted claims to Medicare for services that were never provided. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Linda Vista, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Warning: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Violations result in civil monetary penalties and Medicare exclusion entirely separate from any criminal prosecution — even if you broke the law accidentally.

Possible Penalties:

• Federal Prison: Up to 10 years per count
• Anti-Kickback Violations: Up to 10 years per violation
• Civil FCA Liability: Treble damages plus penalties per false claim
• Administrative: Exclusion from Medicare/Medi-Cal; agency decertification

Violent Theft Charges We Defend in Linda Vista, CA

There is often a crossover between theft and violent crime charges in Linda Vista, CA. This can be the case when you're accused of robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. Versus burglary, where the alleged victim is not present during the act. Carjacking is to grand theft auto what robbery is to burglary.

There is another way violence and theft crimes can overlap, though: when an initially nonviolent theft collides with a person. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. This doesn't always need to include physical violence, but the threat should be to harm the alleged victim in some form or fashion. For example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.

Robbery, Extortion & Force-Related Theft

When theft involves force, fear, or coercion, the penalties increase dramatically. These charges are always felonies and often carry strike designations. It's essential to get a theft crimes lawyer in Linda Vista, CA to protect your freedom.

Robbery — California Penal Code § 211

Many people confuse burglary and robbery, but they are actually very different crimes. Burglary generally occurs while the alleged victim is away, while in robbery cases, the supposed offender takes something from the alleged victim personally. Robbery is always a felony and always a strike offense.

Your robbery charge in Linda Vista, CA, could either be first-degree or second-degree. These are differentiated based on the location and the alleged victim. First-degree robbery is charged in cases where the alleged robbery occurred in someone's dwelling place, against the passenger or driver of a taxi/rideshare vehicle, or while the supposed victim was at an ATM.

Potential Penalties:

• 1st Degree Prison: 3, 4, or 6 years
• 2nd Degree Prison: 2, 3, or 5 years
• Weapon Use: +3 to 10 years
• Three Strikes: Yes — serious felony

Extortion (Blackmail) — California Penal Code § 518

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. Not every extortion case involves threats of violence; several involve threats to harm someone's reputation instead.

Common examples: Threatening to report someone for a crime unless paid; threatening to release private photos unless money is provided; threatening to harm someone's reputation unless granted a professional favor.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years
• Fines: Up to $10,000

Burglary Charges We Fight in Linda Vista, CA

Burglary technically isn't always a theft crime, but it is closely related. In California, you can be charged with this crime if you break into a site to either commit theft or break a different law. In most cases, this is a structure, like a convenience store (in which case it would be commercial burglary), but not always. For example, if you supposedly smashed a car window to take something from the glovebox, that would fall under burglary of a vehicle.

No matter what kind of burglary you're charged with, you can almost always be charged with trespassing, too. Because of this, these cases can often hinge on if you were allowed to be in the location or not.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. Prior to 2014, what is now classified as shoplifting would be considered burglary in California. However, after Proposition 47's passing in 2014, shoplifting was reclassified as its own offense. These changes had an immediate impact, even for people who had already been convicted. Because it made shoplifting a separate charge from burglary, shoplifting attempts are no longer felonies in Linda Vista, CA (except in extreme cases).

Vandalism also shares many qualities with burglary. California defines vandalism and the intentional harming of someone else's property with permission, such as by breaking a window to in order to steal from the building. It's common to face burglary and vandalism charges together in Linda Vista, CA, heightening your need for an expert theft crimes lawyer to defend you.

Lastly, you can face theft charges in Linda Vista, CA, even if you didn't steal anything yourself. What can lead to this? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.

Burglary, Home Invasion & Related Charges

People commonly think of burglary as entering someone's house to commit theft, but that's not how Linda Vista, CA law works — these charges apply when someone tresspasses on a property while planning to break the law, though it doesn't have to be a theft law specifically.

Residential Burglary (First Degree) — California Penal Code § 459

The different degrees of burglary depend on the location of the alleged crime. You can be convicted of first-degree burglary if you break into someone's residence with the intent to commit a theft or any felony inside. This means that you can be found guilty even without actually committing theft. The intent at the moment of entry is the key to burglary charges.

This charge is always a felony and will add a strike to your record upon a conviction. Outside of violent crimes, first-degree burglary is one of the worst theft charges you can face in California, and Linda Vista, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Potential Penalties:

• Prison Sentence: 2, 4, or 6 years in state prison
• Three Strikes: Yes — serious felony strike
• Probation: Generally not an option for first-degree
• Fines: Up to $10,000

Commercial Burglary (Second Degree) — California Penal Code § 459

Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. You could face either misdemeanor or felony charges for this offense.

Commercial burglary is closely related to shoplifting, and used to be the same offense. However, the passage of Proposition 47 in 2014 distinguished the two, and it's possible your theft crimes lawyer will use this to advantage in your case.

Possible Penalties:

• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year
• Charge Type: Wobbler

Burglary of a Vehicle — California Penal Code § 459

Breaking into a car, truck, or other vehicle to steal something inside — or to commit any felony — constitutes vehicle burglary under California law. This charge commonly arises when someone smashes a car window to take items left inside. This could be either a misdemeanor or a felony, depending on how the Linda Vista, CA prosecutor interprets the circumstances.

Key distinction: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. This is still against the law, but for it to be burglary, the vehicle must have been protected.

Home Invasion Burglary With Violence — California Penal Code § 459 / § 211

A home invasion occurs when someone commits burglary of a residential structure while the occupants are present, often involving threats or violence. Linda Vista, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. If you're up against these charges, it's not good enough to settle for second-best — you need a leading theft crimes lawyer on your side.

Home invasion burglary frequently brings multiple charges simultaneously — first-degree burglary, robbery, assault, and potentially kidnapping — all carrying their own prison terms, often served consecutively. If you are facing home invasion charges, you need defense attorneys that can give you top-quality service, and you need them immediately.

Possible Penalties:

• Burglary Base: 2, 4, or 6 years
• Robbery Add-On: Additional 2–5 years
• Weapon Enhancement: Additional 3–10 years
• Three Strikes: Yes — multiple strikes possible

Property & Other Offenses

Receiving Stolen Property, Vandalism & Trespassing

These offenses are frequently charged alongside primary theft crimes and can significantly compound the penalties you face. You need a Linda Vista, CA theft crimes lawyer who is prepared to fight every charge and stand by your side throughout the process.

Receiving Stolen Property — California Penal Code § 496

This charge applies to some people who are indirectly involved in a theft. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.

These cases often hinge on your mental state — namely, whether or not you were (or should have been) aware that the item was stolen. This knowledge element is often where we can mount an effective defense. Buying items at a great deal, without receipts, or from unknown sellers, does not automatically mean you had knowledge of theft.

Possible Penalties:

• Charge Type: Wobbler
• Felony Prison: 16 months, 2 years, or 3 years
• Misdemeanor Jail: Up to 1 year

Vandalism — California Penal Code § 594

Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Linda Vista, CA.

Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.

Possible Penalties:

• Under $400: Misdemeanor — up to 1 year jail
• Over $400: Wobbler — up to 3 years prison
• Restitution: Full repair/replacement cost to victim
• Additional: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

You can be convicted of trespassing if you allegedly entered a location without permission, or if you stayed there after being told to leave. In many cases, because thefts often involve entering a location where one is not supposed to be, trespassing is charged alongside other offenses.

Standing alone, trespassing is most often charged as a misdemeanor or infraction. However, when combined with other charges (particularly burglary), the trespassing element can be used to establish elements of more serious offenses. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.

Perjury — California Penal Code § 118

Perjury charges aren't unique to theft crimes, but are commonly seen alongside them. You can be found guilty of perjury if you lie to the police or during a trial. In theft cases, this can occur if you were interviewed by the police and stated you did not know where any of the stolen property was, even if you did.

Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.

Possible Penalties:

• Charge Type: Felony
• Prison: 2, 3, or 4 years state prison

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.

Grand Theft of a Firearm — California Penal Code § 487(d)(2)

Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Due to this the theft of even a low-value firearm will end up with a felony charge. Grand theft of a firearm is considered a serious felony and can count as a strike under California's Three Strikes law.

As if fighting the charges in your local Linda Vista, CA court weren't bad enough, you could also find yourself up against federal charges. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more critical to have an attorney who is able to protect you from even the toughest opponents.

Possible Penalties:

• Prison: 16 months, 2 years, or 3 years
• Strike: Serious felony — potential strike offense
• Federal: Additional federal charges possible

Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30

Vulnerable adults, notably people 65 and older, are given extra protection in the California legal system. You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.

This offense is aggressively prosecuted in Linda Vista, CA, and enhanced sentencing applies. If the victim is 70 years or older, additional consecutive prison time can be added. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.

Common scenarios: Caregiver taking money from a client's account; family member exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; phising emails that impersonate loved ones.

Potential Penalties:

• Base Sentence: Same as underlying theft offense
• Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
• Enhancement (70+): Additional consecutive years for large losses
• Civil Liability: Up to 3× damages in civil court

Looting — California Penal Code § 463

During emergencies, stealing property can be charged as looting. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.

These charges are often looked upon very negatively in Linda Vista, CA. The state will often pursue looting charges beyond what it would have for ordinary burglary or theft offenses. These acts are viewed as particularly heinous, and penalties can be severe. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

Potential Penalties (Enhanced):

• Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
• Commercial Burglary → Looting: Felony — 16 months to 3 years
• Residential Burglary → Looting: Felony — 2 to 6 years
• Bail: Often denied or set very high during emergency periods

Attempted Theft, Attempted Burglary & Attempted Robbery

Even if the supposed burglary or robbery failed, attempted theft charges will still apply. An attempt requires: (1) the specific intent to commit the crime, and (2) some form of action that furthers the criminal ends — whatever the outcome was.

The general rule is that attempted crimes are punished at half the sentence of the completed offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.

Attempted burglary and attempted robbery are still strike offenses in California. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.

For any of the charges above, or more, when you reach out to the Law Offices of David S. Chesley, you can talk to an expert theft crimes lawyer in Linda Vista, CA, who has the training and experience needed to find a path forward. Together, we will craft a staunch defense against the allegations.

What to Do if You're Accused of Theft

Being charged with theft can be intimidating. The Linda Vista, CA, government is after you, not everyone will believe your side of the story, and the collateral consequences could be devastating. When you're alone, the odds can seem insurmountable.

But you're not alone. When you call the Law Offices of David S. Chesley, you get premier California legal representation on your case. When you work with us, you will get a Linda Vista, CA, theft crimes lawyer who will listen to your story and advocate for your rights. To get started, use the five steps below to protect your freedom and avoid common pitfalls:

1. Comply With the Police

Nobody wants to be arrested. However, don't resist. Be polite and respectful during the process. Fighting back can only lead to additional charges.

2. Stay Calm and Stay Silent

There's a chance you'll be interviewed or interrogated – stay silent. Simply say "I decline to answer any questions and am invoking my right to an attorney." Your answers can later be used as evidence in the case, and if anything you say is untruthful, you can be charged with perjury.

3. Reach Out to a Linda Vista, CA, Theft Crimes Defense Attorney Right Away

In California, you will be given the opportunity to make three completed phone calls after being arrested. One of these should be to your theft crimes lawyer. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. You can reach us at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Before you can leave the jail, you'll probably have to go through a bail hearing. Our theft crimes defense attorneys will argue against the prosecution for your release. We believe that protecting your freedom now is a part of protecting it for the long term.

5. Work With Your Attorney to Make a Personalized Defense

With the right attorney by your side, it's time to create a strategy to fight the charges. A skillful theft crimes lawyer in Linda Vista, CA, will listen to your story, negotiate for deals with the state, and argue for a dismissal wherever possible.

Powerful Defense Strategies for Theft Charges

Your case is unique — and your defense strategy must be adapted to the specific details, circumstances, and allegations. If you're up against theft allegations in Linda Vista, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.

Lack of Intent / Claim of Right Defense in Theft Cases

Lack of intent is a common criminal defense strategy, and is particularly applicable in theft cases. All theft offenses under California law require that the defendant acted with specific intent to steal — that is, to permanently deprive another person of their property. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

A related defense is the "claim of right" defense, where someone states that they believed they were allowed to take the property. This applies as long as they honestly believed they were allowed to, even if they were incorrect. If you genuinely believed you had the right to take the property — even if that belief was mistaken — it negates the criminal intent required for a theft conviction. Additional intent-based defenses include: mistake of fact (the defendant took something that they thought was theirs); voluntary intoxication (which may negate specific intent in limited circumstances); and absence of permanence (applicable in cases where someone took an item without permission, but also planned to bring it back).

Key principle: This is a major hurdle for the prosecution in any theft case. Challenging the intent element is not simply a fallback strategy. This is a key part of nearly all theft defenses, especially in cases involving disputes over ownership, employer-employee disagreements, family property conflicts, or transactions gone wrong.

Using This Defense:

• Grand Theft: Negates specific intent to permanently deprive
• Embezzlement: Challenges the fraudulent conversion element
• Fraud / False Pretenses: Can apply when the defendant didn't know that what they were saying was false
• Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

The state needs to follow rules when building its case. One critically important one is the 4th Amendment, which stops authorities from performing illegal searches and seizures. In theft and burglary cases, how the evidence was obtained is just as important as what it is. If the authorities violated constitutional requirements, the evidence can be suppressed and the prosecution may not be able to move forward with your case.

Common suppression issues in theft and property crime cases include: warrantless searches of vehicles, homes, or persons without valid legal justification; searches resulting from a warrant that was based on false information; arrests without probable cause leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without getting proper approval; and searches that go beyond the limits of a legitimate warrant. California Penal Code § 1538.5 gives defendants a statutory right to move to suppress evidence obtained in violation of the Fourth Amendment — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.

When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can be the difference between a conviction and acquittal. Suppression motions are fully litigated in Linda Vista, CA, courts, and are an essential tool for the defense when facing theft charges.

Suppression Scenarios:

• Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
• Vehicle Searches: Require a warrant, valid consent, or a recognized exception such as probable cause
• Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
• Fruit of the Poisonous Tree: If illegally obtained evidence leads to future evidence that was legally obtained, it's possible that all of it can be thrown out

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Linda Vista, CA. False accusations can stem from personal disagreements, misidentification by witnesses, mistaken assumptions about ownership, ambiguous surveillance footage, or false accusations coming from a person who wants to cause you harm. You can't rely on your innocence to get you out of trouble — aggressive and immediate defense is essential from the moment of accusation.

One of the ways that innocent people are commonly accused in Linda Vista, CA is by eyewitnesses mistaking them for the offender. In theft, robbery, and burglary cases, the high intensity of the circumstances can lead to witnesses not remembering details clearly — particularly across racial lines, in scenarios of poor visibility, or when the perpetrator was briefly seen. Even if the witness is sure, they could be mistaken. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.

Defense strategies in false accusation cases include: providing evidence that proves the accused could not have been present because they were in another location; challenging the reliability of the identification procedure used by law enforcement (photo arrays, live lineups, show-ups); exposing bias or motive on the part the person making the allegations; presenting expert testimony on the issues with eyewitness testimony; and highlighting inconsistencies between different witnesses' versions of events.

If you have been falsely accused: Do not confront witnesses, do not try to build your defense on your own, and do not attempt to explain your innocence to police without your theft defense lawyer present. You might make a mistake, or the police might misinterpret something you say. Contact defense counsel immediately and say nothing.

Lack of Knowledge — If you merely were holding property that turned out to be stolen, the Linda Vista, CA, prosecutor must prove you were aware that the property was stolen. If you're facing an applicable charge, we will raise doubt as to your knowledge that the goods were stolen and explain how you could come to possess them without realizing.

Consent / Permission — Consent regarding your use of the property is a strong defense in Linda Vista, CA, theft cases. It's not illegal to use someone else's property if you had permission.

Constitutional Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.

Diversion Programs — Particularly for offenders without a record, California offers diversion programs that can keep you out of prison by participating. If you are eligible, we will explore it as an option to protect your freedom.

Challenging the Value of Property — In many cases, your charges are determined by how much was allegedly taken. Lower amounts lead to lesser charges. We'll show the true value of the property and argue for lesser charges.

Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4

A theft conviction does not have to define you for life. Under California Penal Code § 1203.4, certain individuals with theft convictions can ask for their pleas to be removed — a process commonly called an expungement. The following criteria typically apply: successfully done all that was asked of you as a part of probation, including fines and restitution; not currently be charged with, on probation for, or serving a sentence for any other offense; and — following recent changes in the law — in many cases, must not have served time in state prison (though SB 731 and related reforms have expanded relief options for some state prison cases).

In cases where probation was not granted, a petition under Penal Code § 1203.4a may provide relief after one year has elapsed since conviction. Arguably, the best cases are those which were dismissed without any form of conviction. In these cases, instead of expunging the conviction, the arrest record can be sealed.

Expungement under § 1203.4 carries meaningful practical benefits: Of note, you won't have to note any convictions on private job applications. That said, the criminal record isn't entirely thrown away by expungement — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and doesn't restore health care or other professional licenses. Senate Bill 731 (effective July 1, 2023) created expanded automatic record relief for many non-violent and non-serious felony convictions in California, allowing eligible individuals to obtain relief without filing a petition after completing their sentence and remaining crime-free for a specified period.

Important: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is full sealing, restoration of firearm rights, or clearing a prior strike, a more comprehensive post-conviction strategy is required. Consulting with an experienced attorney before pursuing any post-conviction relief is strongly advisable.

Relief Options:

• PC § 1203.4: Dismissal after successful probation completion
• PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
• PC § 851.91: Seal records of arrests which did not end in a conviction
• SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
• Limitations: Does not restore firearm rights or remove record from law enforcement databases

---

Frequently Asked Questions About Theft Charges in Linda Vista, CA

Is there a difference between petty theft and grand theft in Linda Vista, California?


What you are charged with is primarily determined by how much whatever was supposedly taken was worth. Petty theft misdemeanors are typical for anything $950 and below. Grand theft is usually the result of thefts over $950, but can also be triggered in special circumstances (such as if the supposedly stolen item was a gun or a car). Grand theft can either be a misdemeanor or a felony. Both require an attorney, but grand theft charges demand urgent and aggressive representation.

Can a theft charge be expunged from my record in California?


Often, yes. For probation sentences, expungement is often offered conditionally upon your completion. Expungement removes the conviction from your public record and allows you to truthfully say you have not been convicted of that crime in most circumstances. Our firm offers full expungement services.

What happens if I'm charged with shoplifting for the first time in Linda Vista, CA?


While this is still serious, you don't need to panic just yet — you will probably only face misdemeanor charges. Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. An attorney can significantly improve your odds of avoiding a conviction and keeping your record clean.

I didn't know the property was stolen. Can I still be convicted?


If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you sincerely weren't aware and didn't have a reason to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like an unusually low price or lack of receipts can lessen the strength of your defense, which is why an attorney is essential.

How serious is a grand theft auto charge in Linda Vista, CA?


Extremely. In Linda Vista, CA, grand theft auto is almost always prosecuted as a felony, which means potential prison time (up to three years), fines up to $10,000, and a felony record that can affect employment, housing, and immigration status. If you have any prior convictions, you may also face enhanced sentencing. Call one of our attorneys as soon as possible if you're facing this charge.

What is a "wobbler" offense in California?


A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. A large portion of theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.

Will I go to jail for a theft charge?


You can avoid jail in many cases, actually. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. While felony charges can be harder to avoid prison for, it is still possible in some cases. The specifics of your circumstances will play into this, and your attorney will fight for reduced (if not eliminated) jail time. Contact our firm to understand what options are available to you.

Can I be charged with burglary if I didn't steal anything?


Unfortunately, yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you actually took anything doesn't matter — the prosecution's goal is to show that you trespassed and had that event. As a result, intent evidence — and how it's presented — is critical to burglary defense.

---

Looking for a Linda Vista, CA, Theft Lawyer? Contact Us to Protect Your Rights.

Without a theft crimes lawyer, it's easy to make mistakes that put you at a disadvantage. Our lawyers are prepared to defend you — whenver you need help. Call now for a no-obligation consult on your case.

(800) 755-5174 | Contact Form

Available 24/7 · All Charges · All Linda Vista, CA, Courts · Free & Confidential

Law Offices of David S. Chesley — Over Five Decades of Combined Courtroom Experience

We also offer the following legal services in Linda Vista, CA:

• Domestic Violence Lawyer
• Sex Crimes Lawyer
• Immigration Lawyer
• Drug Charges Lawyer
• Violent Crimes Lawyer
• DUI Lawyer
• Criminal Defense Lawyer